Coward v. State

Florida District Courts of Appeal
Coward v. State, 547 So. 2d 990 (1989)
14 Fla. L. Weekly 1848; 1989 Fla. App. LEXIS 4447; 1989 WL 87550
Nimmons, Thompson, Wigginton

Coward v. State

Opinion of the Court

PER CURIAM.

Appellant entered a plea of nolo conten-dere to a misdemeanor violation of § 893.147(2), Fla.Stat. (1987) reserving her right to appeal certain issues. Section 893.-147(2) specifies that any violation thereof constitutes a third degree felony. Appellant has therefore entered a plea to an offense which does not exist. In light of this mutual mistake on the part of all parties below, we vacate the order of probation and remand with directions that appellant’s plea be set aside.

THOMPSON, WIGGINTON and NIMMONS, JJ., concur.

Reference

Full Case Name
Rose N. COWARD v. STATE of Florida
Cited By
3 cases
Status
Published